Author Archives: Alan F. Pendleton, "Of Counsel" Martine Law Firm, Director of Mentorship & Education, Former District Court Judge.

Jury Selection “Batson” Challenge (13-02)

QUESTION: You’re In The Middle Of Jury Selection When One Party Raises A “Batson” Challenge. What Three-Step Analysis Must You Follow To Properly Rule On The Challenge? Does “Batson” Prohibit Both Racial and Gender Discrimination?

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Pendleton13.02 Batson Challenge-replaces 10-10

Jury Selection – “Batson” Challenge (replaced with update 13.2)

This update (10.10) has been replaced with update 13.2

Pendleton10.10-Jury_Selection_Batson_Challenge

MINNESOTA JAIL CREDIT MANUAL (12-10)

The Minnesota Jail Credit Manual is designed to provide Judges and Attorneys with a basic guide to the most common jail credit questions faced by legal practitioners on a day to day basis.

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Pendleton Update 12-10

Minnesota Jail Credit Manual (11-17) (replaced by update 12-10)

THIS IS THE OLD VERSION. SHOULD BE REPLACED WITH NEW VERSION 12.10

Pendleton11.17-Jail_Credit_Rules

Family Law Motions: Ten Basics Rules (11-10) (Replaced by 12-09)

This is an old version. It has been replaced by update 12-09.

Pendleton11.10-Family_Law_Motions

 

Consecutive Sentencing – A Common Judicial Mistake (12-08)

QUESTION: When the Court orders a stayed sentence to run “consecutive” to all other sentences” what does that actually mean? What is it that actually runs consecutive?

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Pendleton12.08-Consecutive_Sentencing

Jail Credit Calculation – New Supreme Court “Clarkin” Rule (12-07)

QUESTION: When The Court Imposes A Concurrent Sentence, Defendant Is Entitled To Jail Credit For All Time Spent In Custody In Connection With The Offense Being Sentenced Including Time Spent In Custody Related To Other Charges….BUT….How Do You Calculate The Starting Point For Jail Credit?

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Pendleton12.07-Jail_Credit_Calculation-New_Supreme_Court_Clarkin_Rule

Admissibility of Defendants Prior Bad Acts Including Relationship Evidence (12-06)

QUESTION: To be Admissible, Evidence of Prior Bad Acts of Defendant, including Defendant’s Relationship with the Victim, Must Fit within 1 of 4 Exceptions to the General Rule Prohibiting Evidence of Bad Character.

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Pendleton12.06-Admissibility_of_Defendants_Prior_Bad_Acts

Judges Handbook on Motor Vehicle Stops (12-05)

This update is a reprint of Chapter one of the Minnesota Handbook on Motor Vehicle Stops & Warrantless Motor Vehicle Searches. It is limited to legal issues involved in the stop and detention of a motor vehicle by law enforcement. 

FOREWORD: Challenging the legality of a motor vehicle stop is one of the most common legal arguments raised in support of a motion to suppress. This update is designed to provide judges and attorneys with a comprehensive reference guide to the laws governing motor vehicle stops. 

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Pendleton12.05-Judges_Handbook_on_Motor-Vehicle_Stops

Warrantless Motor Vehicle Searches: Summary Reference Chart (13-10)

This update is a supplement to the Minnesota Handbook on Motor Vehicle Stops & Warrantless Searches and provides a SUMMARY REFERENCE CHART of the seven (7) exceptions to the Fourth Amendment warrant requirement under which warrantless stops and searches of motor vehicles may be justified.

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Pendleton13.10-Warrantless_Motor_Vehicle_Searches